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STATE v. ELFERT

No. 47647.

175 So.2d 826 (1965)

247 La. 1047

STATE of Louisiana v. Edward F. ELFERT and Melvin A. De Jean.

Supreme Court of Louisiana.

June 7, 1965.

Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Asst. Dist. Atty., for appellant.

Peter J. Compagno, New Orleans, for appellees.

FOURNET, Chief Justice.

The defendants, Edward F. Elfert and Melvin A. De Jean, invoked the provisions of R.S. 15:7.8,1 claiming the case against them should be dismissed inasmuch as no trial had been commenced within two years from the date on which they were charged with simple burglary in an information. The state prosecutes this appeal from the judgment of the district court maintaining the plea of prescription and dismissing the case...

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